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Most states do not require any type of waiting period or separation prior to filing or getting a divorce. North Carolina, however, is not in the majority. Here, the law requires you and your spouse to be separated for one year before you can get a divorce. To fulfill this obligation, you must live separately and apart.
Does my spouse have to agree to the divorce? No. As long as you are eligible for a divorce, your spouse does not have to agree to the divorce. If you file for divorce, your spouse does not have to complete or sign any paperwork, file anything with the court, or go to court for the divorce hearing.
North Carolina Courts Will Split Your Marital Assets 50/50 \u2014 Unless You Can Give Them a Good Reason to Do Otherwise. During a divorce, North Carolina courts try to divide marital property in a way that's fair and equitable to both parties.
A married couple in North Carolina is considered \u201clegally separated\u201d by the court at the time at which the parties move into separate residences with at least one spouse having the intention to remain separated indefinitely.
Property can be divided in any amount. However, in most North Carolina divorce situations, equitable distribution law presumes an equal 50/50 division \u2013 meaning each spouse receives half of the estate.
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There are two methods for obtaining a divorce without making a court appearance: a Divorce by Summary Judgment; or. a Divorce before the Clerk.
In most North Carolina divorces, property will be divided 50/50 between spouses.
What is a spouse entitled to in a divorce in NC? A spouse is typically entitled to some amount of alimony or spousal support, depending on the decision of the NC divorce courts. A spouse may also be entitled to a 50/50 split of marital property if so decided by the courts.
How do we get divorced? One spouse or the other must have resided in North Carolina for at least six months and the parties must have been separated for at least one year with the separation intended to be permanent. When those two requirements have been met, either party may file for an absolute divorce.
To receive a divorce in North Carolina, which the state refers to as an \u201cabsolute divorce,\u201d there's no need to prove that either spouse is at fault to get the divorce. This is why North Carolina is known as a \u201cno-fault state.\u201d

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